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A bill from Gov. Jay Inslee that would make it a misdemeanor for elected leaders or candidates to spread unfounded allegations of election fraud was in the state Legislature on Wednesday.

Would Inslee bill making it illegal to lie about election fraud survive a court challenge?

Inslee first proposed on the one-year anniversary of the now-infamous Jan. 6 riot at the U.S. Capitol, calling lies about election fraud a “threat to our democracy” that persists to this day both in Washington and across the country.

In Washington state, several Republican candidates running for Congress — and a handful of elected state lawmakers — have frequently echoed Donald Trump’s largely disproven claims of widespread voter fraud in the 2020 election. Under Inslee’s bill, elected officials and candidates who have filed for public office “who knowingly make false statements or claims regarding the election process or results” would face gross misdemeanor charges and, if convicted, would be forced to forfeit their elected office.

The bill was voted out of the state Senate’s Government & Elections Committee on Wednesday on a 3-2 party-line vote.

Speaking in favor of the measure, Democratic Sen. Patty Kuderer detailed a need to hold elected leaders and candidates “to a higher standard” in the wake of former President Donald Trump’s unprecedented push to overturn the 2020 election.

“They have extraordinary influence and their speech has outsized impact. Simply put, they should be held to a higher standard because the people put their trust in us,” she said. “Never before in history have we had a former president foment, encourage, and actively work to overturn an election and nullify the vote of the people.”

“Many Republican leaders across our state and country have spoken out against disinformation, but sadly, there’s a growing number of elected officials and those running for office who actively use their platforms to spread lies that undermine our democracy, and many of these candidates are running solely on the ‘Big Lie,'” she continued. “This is a dangerous abuse of power and it needs to be treated as such — it needs to stop.”

Republican Sen. Jeff Wilson summed up his opposition in simple terms.

“I will not need much time to share my explanation as to why I’m unable to support this bill at this time, but what I can give is just one reason and only one reason: It’s called the First Amendment,” he said. “In my district, it’s always preferred to take the time to listen and learn what people are saying and what they’re truly trying to convey, rather than any form of punishing people that you may disagree with.”

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Democratic Sen. Bob Hasegawa cast the deciding vote to break what was a 2-2 tie and advance the bill out of committee, but did so without guaranteeing whether he’d support it once it’s in front of the entire Senate.

“This decision is bigger than me, so I’m going to be voting yes so that the larger caucus can have this conversation and make the decision on where we want to go with this,” he clarified. “But I’m not guaranteeing my vote on the floor — I’m just moving this bill along so that we can have that conversation as a caucus.”

Speaking to the bill’s larger purpose, Hasegawa expressed disappointment in the potential need for it at all.

“It really makes me sad that we even have to have a bill like this in front of us — I mean, what have we come to?” he posited. “In a democracy, I agree with Senator Wilson — I’m very protective of our Bill of Rights and especially the First Amendment, especially as a minority person. On the other hand, things are just so out of control, and I feel like this issue is bigger than just my decision.”